If you have reached a point in your marriage where you simply cannot have a healthy partnership with your spouse any longer, consider filing for divorce. Divorce is not a moral shortcoming or a personal failure; it is simply a process through which an individual can legally end his or her marriage.
To begin the divorce process in Ohio, you must file a Petition for Dissolution with the clerk of the courts in the county where you currently reside. You must have been a resident of this county for at least 90 days prior to filing and a resident of Ohio for at least six months.
In Ohio, the court follows the doctrine of equitable distribution to determine a fair way to divide a divorcing couple’s assets. This means that rather than simply cutting a couple’s asset pool in half, the court considers both parties’ contributions to the marital asset pool and their individual needs to make distribution choices that will benefit both parties. For example, if one partner will have a greater amount of custodial time with the couple’s children following the divorce, the court might give that partner the family home. In exchange, it might give the other partner a larger share of the couple’s savings or require the partner staying in the home to “buy out” his or her former spouse’s share of the home’s value.
Child custody is determined according to the child’s needs. These include the child’s relationship with each parent, his or her academic, medical, and emotional needs, and elements present in each parent’s household, such as the presence of other children and whether there is any potential for the child to be harmed in the home.
Child support orders are determined according to the couple’s total yearly income and the percentage of this total that is earned by each parent. If one parent is required to make child support payments to the other, this figure is used to determine the amount he or she is required to pay.
How quickly you and your spouse can complete the divorce process depends in part on how much preparation you do for your divorce prior to filing your Petition for Dissolution. If you and your spouse determined the value of each of your assets and created a rough outline of how you would like to divide them prior to filing your divorce paperwork, you will be able to complete the divorce process much more quickly than a couple who did not prepare beforehand. Another important way to prepare for divorce is to close all joint bank accounts and open new separate accounts.
Aside from preparing for the financial aspects of your divorce with your spouse, take the time to prepare yourself for the process and for life after your divorce is finalized. Be conservative with your spending habits to avoid going into debt – the divorce process can be expensive and it is possible to face unexpected charges along the way.
If you are considering filing for divorce in the near future, work with an experienced divorce lawyer who can handle your case with the compassion and attention to detail it needs. Contact our team Comunale Law Office today to schedule your initial consultation with experienced divorce attorney Tony Comunale.
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